IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 1149 of 2007()
1. PRATHIBHA MAHILA SAMAJAM,
... Petitioner
Vs
1. KUTTIKOL GRAMA PANCHAYATH,
... Respondent
2. DISTRICT COLLECTOR,
For Petitioner :SRI.S.MOHAMMED AL RAFI
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/05/2007
O R D E R
H.L.DATTU, C.J. & K.T.SANKARAN, J.
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W.A.No. 1149 of 2007
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Dated, this the 23rd day of May, 2007
JUDGMENT
H.L.Dattu, C.J.
This writ appeal arises out of an order passed by the
learned Single Judge in W.P.(C) No.6727 of 2007 dated 27th
March, 2007. By the impugned order, the learned Single Judge
has taken note of the representation made by the petitioner
before the District Collector and thereafter observed that if there
is any dispute with regard to the title to the property in dispute,
the parties shall approach the civil court.
2. Learned counsel appearing for the appellant would
submit before us that he would be satisfied if, for the present a
direction is issued to the District Collector, Kasaragod to consider
the representation of the petitioner (Ext.P3) as expeditiously as
possible and in accordance with law and also if liberty is granted
to the appellant to engage the services of a learned counsel to
argue its case before the District Collector.
3. In our view, the request of the learned counsel for the
appellant is not only reasonable but also very fair. Therefore, if
such a permission is granted no prejudice would be caused to the
W.A.No.1149/2007 2
respondents. Accordingly the following: The writ appeal is
disposed of. A direction is issued to the District Collector,
Kasaragod to consider the representation said to have been filed
by the appellant as expeditiously as possible and at any rate
within one month from the date of receipt of a certified copy of
the order passed by us. The appellant shall produce the certified
copy of the order passed by us before the District Collector within
15 days’ time from today. The appellant is also permitted to
engage the services of a learned counsel to argue its case before
the District Collector.
This order of ours shall not be treated as a precedent in any
other case. Ordered accordingly.
H.L.DATTU, CHIEF JUSTICE
K.T.SANKARAN, JUDGE
vns